tender for medical cover and group life cover cra_tender no. cra_002_2013_2014

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    TENDER DOCUMENTFOR

    PROVISION OF MEDICAL & GROUP LIFECOVER

    TENDER NO. CRA/002/2013-2014

    14 RIVERSIDE DRIVEGROSVENOR BUILDING, 2NDFLOOR

    P.O. BOX 1310 00200

    TEL: +254 020 4298000

    NAIROBI,KENYA.

    E-mail: [email protected] Website:www.crakenya.org

    Date issued: 28thNov. 2013

    Closing date: 19thDec. 2013

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    INTRODUCTION1.1 This standard tender document for procurement of insurance services hasbeen prepared for use by public entities in Kenya in the procurement of all

    types of insurance covers as per the Public Procurement and Disposal Act2005.

    1.2 The following general directions should be observed when using thedocument;

    (a) Specific details should be furnished in the invitation to tender noticeand in the special conditions of contract. The final document to beprovided to the tenderers should not have blank spaces or give options.

    (b) The instructions to tenderers and the General conditions of contractshould remain unchanged. Any necessary amendments to these partsshould be made through the special conditions of contract andappendix to instructions to tenderers respectively.

    1.3 (a) Information contained in the invitation to tender shall conform to thedata and information in the tender documents to enable potentialtenderers to decide whether or not to participate in the tender andshall indicate any important tender requirements.

    (b) The invitation to tender shall be issued as an advertisement inaccordance with the regulations or a letter of invitation addressed totenderers who have expressed interest following an invitation forexpression of interest for which the invitation is issued.

    1.4 The cover of the tender document should be modified to include:

    I. Tender number.II. Tender name.

    III. Name of procuring entity.IV. Delete name and address of PPOA.

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    SECTION 1: INVITATION FOR TENDER

    Date: 28THNovember 2013

    Tender reference No.: CRA/002/2013-2014

    Tender Name: PROVISION OF MEDICAL COVER AND GROUP

    LIFE COVER

    The Commission on Revenue Allocation (CRA) invites sealed tenders fromeligible candidates for the provision of Medical cover and Group Life Coverfor an initial period of one year renewable annually upto amaximum of two years subject to Satisfactory Performance.

    Interested eligible candidates may obtain further information from and inspectthe tender documents at the Commission on Revenue Allocation, 14Riverside Drive Grosvenor Suite, 2nd Floor Commissions Offices

    (Procurement section) during normal working hours.

    A complete set of tender documents in English language may be obtained by

    interested candidates upon payment of non-refundable fees of Kenya Shillings

    One Thousand shillings only (Kshs.1,000.00). Prices quoted should be net

    inclusive of all taxes and delivery costs, must be in Kenya Shillings and shall

    remain valid for a period of ninety (90) days from the tender submissiondeadline.

    Completed tender documents are to be enclosed in plain sealed envelopes clearlylabeled PROVISION OF MEDICAL AND GROUP LIFE COVER-CRA/002/2013-2014and be deposited in the Tender Box at Commission onRevenue Allocation, 14 Riverside Drive Grosvenor Suite, 2nd Floorreceptionor by post to the address below:-

    The Commission Secretary/CEO,

    Commission on Revenue Allocation,

    P.O. Box 1310 00100NAIROBI,

    KENYA.

    so as to be received on or before 10.00 am local time on 19th December 2013

    Tenders will be opened immediately after the deadline of tender submission in the

    presence of the Candidates or their representatives who choose to attend at

    Commission on Revenue Allocation, 14 Riverside Drive Grosvenor

    Suite, 2nd

    FloorEast Wing meeting room.

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    Tenders must be accompanied by a tender Security of two percent (2%) ofthe tender sum in form of a guarantee from a reputable bank or aninsurance company approved by PPOA payable to the Commission onRevenue Allocation.

    Any additional information, addendums or clarifications in respect to this tenderwill be available in our CRA websitewww.crakenya.org. All bidders are advised

    to regularly check the website during the bidding period.

    CRA reserves the right to accept or reject any tender without giving reasons thereof

    and does not bind itself to accept the lowest or any tender.

    Canvassing for the tender by the tenderer or by proxy shall lead to automatic

    disqualification of their tender.

    The Commission Secretary/CEO

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    SECTION II - INSTRUCTION TO TENDERERS

    Table of Clauses

    Page

    2.1 Eligible Tenderers. 7

    2.2 Cost of Tendering.. 7

    2.3 Contents of Tender document... 7

    2.4 Clarification of Tender document 8

    2.5 Amendments of Tender document.. 8

    2.6 Language of Tenders. 9

    2.7 Documents Comprising the Tender. 9

    2.8 Tender Form. 92.9 Tender Prices. 9

    2.10 Tender Currencies.. 10

    2.11 Tenderers Eligibility and Qualifications. 10

    2.12 Tender Security. 10

    2.13 Validity of Tenders.. 11

    2.14 Format and Signing of Tenders 11

    2.15 Sealing and Marking of Tenders... 11

    2.16 Deadline for Submission of Tenders.. 12

    2.17 Modification and Withdrawal of Tenders 12

    2.18 Opening of Tenders 13

    2.19 Clarification of Tenders.. 13

    2.20 Preliminary Examination... 13

    2.21 Conversion to Single Currency.. 14

    2.22 Evaluation and Comparison of Tenders 14

    2.23 Contacting the Procuring Entity 15

    2.24 Post-Qualification. 15

    2.25 Award Criteria. 16

    2.26 Procuring Entitys Right to Accept or Reject any or

    all Tenders 16

    2.27 Notification of Award.. 16

    2.28 Signing of Contract. 17

    2.29 Performance Security 17

    2.30 Corrupt or Fraudulent Practices.. 17

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    SECTION II - INSTRUCTIONS TO TENDERERS

    2.1. Eligible Tenderers

    2.1.1 This Invitation for Tenders is open to all tenderers eligible as described inthe Appendix to Instructions to Tenderers. Successful tenderers shallprovide the services for the stipulated duration from the date ofcommencement (hereinafter referred to as the term) specified in thetender documents.

    2.1.2 The procuring entitys employees, committee members, board membersand their relatives (spouse and children) are not eligible to participate inthe tender unless where specially allowed under section 131 of the Act.

    2.1.3 Tenderers shall provide the qualification information statement that the

    tenderer (including all members of a joint venture and subcontractors) isnot associated, or have been associated in the past, directly or indirectly,with a firm or any of its affiliates which have been engaged by theProcuring entity to provide consulting services for the preparation of thedesign, specifications, and other documents to be used for theprocurement of the services under this Invitation for tenders.

    2.1.4 Tenderers involved in the corrupt or fraudulent practices or debarred fromparticipating in public procurement shall not be eligible.

    2.2 Cost of Tendering

    2.2.1 The Tenderer shall bear all costs associated with the preparation andsubmission of its tender, and the procuring entity, will in no case beresponsible or liable for those costs. Regardless of the conduct or outcomeof the tendering process

    2.2.2 The price to be charged for the tender document shall not exceedKshs.1,000/=

    2.2.3 The procuring entity shall allow the tenderer to review the tenderdocument free of charge before purchase.

    2.3 Contents of Tender Document

    2.3.1 The tender documents comprise the documents listed below andaddenda issued in accordance with clause 2.5 of these instructions totenderers.

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    (i) Instructions to Tenderers(ii) General Conditions of Contract(iii) Special Conditions of Contract

    (iv) Schedule of Requirements(v) Details of Insurance Cover(vi) Form of Tender(vii) Price Schedules

    (viii) Contract Form(ix) Confidential Business Questionnaire Form(x) Tender security Form(xi) Performance security Form(xii) Insurance Companys Authorization Form(xiii) Declaration Form(xiv) Request for Review Form

    2.3.2 The Tenderer is expected to examine all instructions, forms,terms and specification in the tender documents. Failure tofurnish all information required by the tender documents or tosubmit a tender not substantially responsive to the tenderdocuments in every respect will be at the tenderers risk and mayresult in the rejection of its tender.

    2.4 Clarification of Tender Documents

    2.4.1 A Candidate making inquiries of the tender documents may notify the

    Procuring entity by post, fax or by email at the procuring entitys addressindicated in the Invitation for tenders. The Procuring entity will respondin writing to any request for clarification of the tender documents, which itreceives not later than seven (7) days prior to the deadline for thesubmission of the tenders, prescribed by the procuring entity. Writtencopies of the Procuring entities response (including an explanation of thequery but without identifying the source of inquiry) will be sent to allcandidates who have received the tender documents.

    2.4.2 The procuring entity shall reply to any clarifications sought by the tendererwithin 3 days of receiving the request to enable the tenderer to maketimely submission of its tender.

    2.4.3 Preference where allowed in the evaluation of tenders shall not exceed 15%

    2.5 Amendment of Tender Documents

    2.5.1 At any time prior to the deadline for submission of tenders, the Procuringentity, for any reason, whether at its own initiative or in response to aclarification requested by a prospective tenderer, may modify the tenderdocuments by issuing an- addendum.

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    2.5.2 All prospective tenderers who have obtained the tender documentswill be notified of the amendment by post, fax or email and suchamendment will be binding on them.

    2.5.3 In order to allow prospective tenderers reasonable time in which to takethe amendment into account in preparing their tenders, the Procuringentity, at its discretion, may extend the deadline for the submission oftenders.

    2.6 Language of Tenders

    2.6.1 The tender prepared by the tenderer, as well as all correspondence anddocuments relating to the tender exchanged by the tenderer and theProcuring entity, shall be written in English language. Any printedliterature furnished by the tenderer may be written in another languageprovided they are accompanied by an accurate English translation of therelevant passages in which case, for purposes of interpretation of thetender, the English translation shall govern.

    2.7. Documents Comprising the Tender

    2.7.1 The tender prepared by the tenderer shall comprise the followingcomponents:

    (a) A Tender Form and a Price Schedule completed in accordancewith paragraph 2.8, 2.9 and 2.10 below

    (b) Documentary evidence established in accordance with paragraph

    2.1.2 that the tenderer is eligible to tender and is qualified toperform the contract if its tender is accepted;

    (c) Tender security furnished in accordance with paragraph 2.12 (ifapplicable)

    (d) Declaration Form.

    2.8. Form of Tender

    2.8.1 The tenderer shall complete the Tender Form and the Price Schedulefurnished in the tender documents, indicating the services to be provided.

    2.9. Tender Prices

    2.9.1 The tenderer shall indicate on the form of tender and theappropriate Price Schedule the unit prices and total tender price ofthe services it proposes to provide under the contract.

    2.9.2 Prices indicated on the Price Schedule shall be the cost of the servicesquoted including all customs duties and VAT and other taxes payable.

    2.9.3 Prices quoted by the tenderer shall remain fixed during the Term of thecontract unless otherwise agreed by the parties. A tender submitted

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    with an adjustable price quotation will be treated as non-responsive andwill be rejected, pursuant to paragraph 2.20.5

    2.10. Tender Currencies

    2.10.1 Prices shall be quoted in Kenya Shillings

    2.11. Tenderers Eligibility and Qualifications

    2.11.1 Pursuant to paragraph 2.1 the tenderer shall furnish, as part of its

    tender, documents establishing the tenderers eligibility to tender and its

    qualifications to perform the contract if its tender is accepted.

    2.11.2 The documentary evidence of the tenderers qualifications toperform the contract if its tender is accepted shall establish to the

    Procuring entitys satisfaction that the tenderer has the financial andtechnical capability necessary to perform the contract.

    2.12. Tender Security

    2.12.1 The tenderer shall furnish, as part of its tender, a tender security for theamount and form specified in the Appendix to Instructions to Tenderers.

    2.12.2 The tender security shall not exceed 2 per centof the tender price.

    2.12.3 The tender security is required to protect the Procuring entity against the

    risk of Tenderers conduct which would warrant the securitys forfeiture,pursuant to paragraph 2.12.7

    2.12.4 The tender security shall be denominated in Kenya Shillings or in anotherfreely convertible currency, and shall be in the form

    a) Cash.b) A bank guarantee.c) Such insurance guarantee approved by the

    Authority.d) Letter of credit.

    2.12.5 Any tender not secured in accordance with paragraph 2.12.1. and 2.12.3shall be rejected by the Procuring entity as non-responsive, pursuant toparagraph 2.20.5

    2.12.6 Unsuccessful Tenderers tender security will be discharged or returnedas promptly as possible but not later than thirty (30) days after theexpiration of the period of tender validity

    2.12.7 The successful Tenderers tender security will be discharged upon thetenderer signing the contract, pursuant to paragraph 2.29, and furnishingthe performance security, pursuant to paragraph 2.30

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    2.12.8 The tender security may be forfeited:

    (a) if a tenderer withdraws its tender during the period of tender validity.(b) in the case of a successful tenderer, if the tenderer fails:

    (i) to sign the contract in accordance with paragraph 2.29 or(ii) to furnish performance security in accordance with paragraph

    2.30.

    (c) If the tenderer reject correction of an arithmetic error in the tender.

    2.13. Validity of Tenders

    2.13.1 Tenders shall remain valid for 90 days after date of tender opening

    pursuant to paragraph 2.18. A tender valid for a shorter period shall berejected by the Procuring entity as non-responsive.

    2.13.2 In exceptional circumstances, the Procuring entity may solicit theTenderers consent to an extension of the period of validity. The requestand the responses thereto shall be made in writing. The tender securityprovided under paragraph 2.12 shall also be suitably extended. Atenderer granting the request will not be required nor permitted tomodify its tender.

    2.14. Format and Signing of Tenders

    2.14.1 The tenderer shall prepare an original and a copy of the tender, clearlymarking each ORIGINAL TENDER and COPY OF TENDER, asappropriate. In the event of any discrepancy between them, the originalshall govern.

    2.14.2 The original and all copies of the tender shall be typed or written inindelible ink and shall be signed by the tenderer or a person orpersons duly authorized to bind the tenderer to the contract. All pages ofthe tender, except for un-amended printed literature, shall be initialed bythe person or persons signing the tender.

    2.14.3 The tender shall have no interlineations, erasures, or overwritingexcept as necessary to correct errors made by the tenderer, in whichcase such corrections shall be initialed by the person or persons signingthe tender.

    2.15 Sealing and Marking of Tenders

    2.15.1 The tenderer shall seal the original and the copy of thetender in separate envelopes, duly marking the envelopes asORIGINAL TENDER and COPY OF TENDER. The envelopesshall then be sealed in an outer envelope.

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    2.15.2 The inner and outer envelopes shall:

    (a) be addressed to the Procuring entity at the address given in theInvitation to Tender.

    (b) bear tender number and name in the invitation to tender and thewords, DO NOT OPEN BEFORE THURSDAY, DECEMBER

    19TH 2013 AT 10.00 A. M.

    2.15.3 The inner envelopes shall also indicate the name and addressof the tenderer to enable the tender to be returned unopened incase it is declared late.

    2.15.4 If the outer envelope is not sealed and marked as required by paragraph2.15.2, the Procuring entity will assume no responsibility for the tenders

    misplacement or premature opening.

    2.16. Deadline for Submission of Tenders

    2.16.1 Tenders must be received by the Procuring entity at the address specifiedunder paragraph 2.15.2 not later than THURSDAY, DECEMBER 19TH

    2013 AT 10.00 A. M.

    2.16.2 The Procuring entity may, at its discretion, extend this deadline for thesubmission of tenders by amending the tender documents in accordance

    with paragraph 2.5.3 in which case all rights and obligations of theProcuring entity and candidates previously subject to the deadline willthereafter be subject to the deadline as extended.

    2.16.3 Bulky tenders which will not fit the tender box shall be received by theprocuring entity as provided for in the appendix.

    2.17. Modification and Withdrawal of Tenders

    2.17.1 The tenderer may modify or withdraw its tender after the tenderssubmission, provided that written notice of the modification, includingsubstitution or withdrawal of the tenders, is received by theProcuring entity prior to the deadline prescribed for submission oftenders.

    2.17.2 The tenderers modification or withdrawal notice shall be prepared,sealed, marked and dispatched in accordance with the provisions ofparagraph 2.15. a withdrawal notice may also be sent by fax or emailbut followed by a signed confirmation copy, postmarked not later thanthe deadline for submission of tenders.

    2.17.3 No tender may be modified after the deadline for submission of tenders.

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    2.17.4 No tender may be withdrawn in the interval between the deadline forsubmission of tenders and the expiration of the period of tender validity.Withdrawal of a tender during this interval may result in the Tenderers

    forfeiture of its tender security, pursuant to paragraph 2.12.7.

    2.18. Opening of Tenders

    2.18.1 The Procuring entity will open all tenders in the presence ofTenderers representativeswho choose to attend, at THURSDAY,DECEMBER 19TH 2013 AT 10.00 A. Mand in the location specifiedin the invitation for tenders. The tenderers representatives who are

    present shall sign a register evidencing their attendance

    2.18.2 The tenderers names, tender modifications or withdrawals, tender

    prices, discounts, and the presence or absence of requisite tender securityand such other details as the Procuring entity, at its discretion, mayconsider appropriate, will be announced at the opening.

    2.18.3 The Procuring entity will prepare minutes of the tender opening, whichwill be submitted to tenderers that signed the tender opening register andwill have made the request.

    2.19 Clarification of Tenders

    2.19.1 To assist in the examination, evaluation and comparison of tenders the

    Procuring entity may, at its discretion, ask the tenderer for a clarificationof its tender. The request for clarification and the response shall be inwriting, and no change in the prices or substance of the tender shall besought, offered, or permitted.

    2.19.2 Any effort by the tenderer to influence the Procuring entity in theProcuring entitys tender evaluation, tender comparison or contract awarddecisions may result in the rejection of the tenderers tender.

    2.20 Preliminary Examination and Responsiveness

    2.20.1 The Procuring entity will examine the tenders to determine whether theyare complete, whether any computational errors have been made,whether required sureties have been furnished, whether the documentshave been properly signed, and whether the tenders are generally inorder.

    2.20.2 Arithmetical errors will be rectified on the following basis. If there isa discrepancy between the unit price and the total price that is obtainedby multiplying the unit price and quantity, the unit price shall prevail,and the total price shall be corrected. If the candidate does not acceptthe correction of the errors, its tender will be rejected, and its tender

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    security forfeited. If there is a discrepancy between words and figures, theamount in words will prevail.

    2.20.3 The Procuring entity may waive any minor informality or non-

    conformity or irregularity in a tender which does not constitute amaterial deviation provided such waiver does not prejudice or affect therelative ranking of any tenderer.

    2.20.4 Prior to the detailed evaluation, pursuant to paragraph 2.20, theProcuring entity will determine the substantial responsiveness of eachtender to the tender documents. For purposes of these paragraphs, asubstantially responsive tender is one which conforms to all the termsand conditions of the tender documents without material deviations theProcuring entitys determination of a tenders responsiveness is to bebased on the contents of the tender itself without recourse to extrinsic

    evidence.

    2.20.5 If a tender is not substantially responsive, it will be rejected by theprocuring entity and may not subsequently be made responsive bythe tenderer by correction of the nonconformity.

    2.21. Conversion to single currency

    2.21.1 Where other currencies are used, the Procuring entity will convert those

    currencies to Kenya Shillings using the selling exchange rate on the date of

    tender closing provided by the Central Bank of Kenya.

    2.22. Evaluation and Comparison of Tenders

    2.22.1 The Procuring entity will evaluate and compare the tenders which havebeen determined to be substantially responsive, pursuant to paragraph2.20

    2.22.2 The Procuring entitys evaluation of a tender will take into account, inaddition to the tender price, the following factors, in the manner and to theextent indicated in paragraph 2.22.3.

    (a)operational plan proposed in the tender;(b)deviations in payment schedule from that specified in theSpecial Conditions of Contract

    2.22.3 Pursuant to paragraph 2.22.2. the following evaluation methods will be

    applied.

    (a) Operational Plan

    (i) The Procuring entity requires that the services under theInvitation for Tenders shall be performed at the time specified

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    in the Schedule of Requirements. Tenders offering to performlonger than the procuring entitys required delivery time willbe treated as non-responsive and rejected.

    (b) Deviation in payment schedule

    (i) Tenderers shall state their tender price for the payment onschedule outlined in the special conditions of contract.Tenders will be evaluated on the basis of this base price.Tenderers are, however, permitted to state an alternativepayment schedule and indicate the reduction in tender pricethey wish to offer for such alternative payment schedule. TheProcuring entity may consider the alternative paymentschedule offered by the selected tenderer.

    2.22.4 The tender evaluation committee shall evaluate the tender within 30 daysfrom the date of opening the tender.

    2.23. Contacting the Procuring entity

    2.23.1 Subject to paragraph 2.19 no tenderer shall contact the Procuring entity onany matter relating to its tender, from the time of the tender opening tothe time the contract is awarded.

    2.23.2 Any effort by a tenderer to influence the Procuring entity in its decisionson tender evaluation, tender comparison, or contract award may resultin the rejection of the Tenderers tender.

    2.24 Post-qualification

    2.24.1 The Procuring entity will verify and determine to its satisfaction whetherthe tenderer that is selected as having submitted the lowest evaluatedresponsive tender is qualified to perform the contract satisfactorily.

    2.24.2 The determination will take into account the tenderer financial andtechnical capabilities. It will be based upon an examination of thedocumentary evidence of the tenderers qualifications submitted by thetenderer, pursuant to paragraph 2.11.2 , as well as such other informationas the Procuring entity deems necessary and appropriate

    2.24.3 An affirmative determination will be a prerequisite for award of thecontract to the tenderer. A negative determination will result inrejection of the Tenderers tender, in which event the Procuring entitywill proceed to the next lowest evaluated tender to make a similardetermination of that Tenderers capabilities to perform satisfactorily.

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    2.25 Award Criteria

    2.25.1 Subject to paragraph 2.29 the Procuring entity will award the contract tothe successful tenderer whose tender has been determined to be

    substantially responsive and has been determined to be the lowestevaluated tender, provided further that the tenderer is determined to bequalified to perform the contract satisfactorily.

    2.25.2 To qualify for contract awards, the tenderer shall have the following:-

    (a) Necessary qualifications, capability experience, services,equipment and facilities to provide what is being procured.

    (b) Legal capacity to enter into a contract for procurement(c) Shall not be insolvent, in receivership, bankrupt or in the process

    of being wound up and is not the subject of legal proceedingsrelating to the foregoing.(d) Shall not be debarred from participating in public procurement.

    2.26. Procuring entitys Right to accept or Reject any or all Tenders

    2.26.1 The Procuring entity reserves the right to accept or reject any tender, andto annul the tendering process and reject all tenders at any time prior tocontract award, without thereby incurring any liability to the affectedtenderer or tenderers or any obligation to inform the affected tenderer ortenderers of the grounds for the Procuring entitys action. If theProcuring entity determines that none of the tenders is responsive, theProcuring entity shall notify each tenderer who submitted a tender.

    2.26.2 The procuring entity shall give prompt notice of the termination to thetenderers and on request give its reasons for termination within 14 days ofreceiving the request from any tenderer.

    2.26.3 A tenderer who gives false information in the tender document about isqualification or who refuses to enter into a contract after notification ofcontract award shall be considered for debarment from participating in

    future public procurement.

    2.27 Notification of Award

    2.27.1 Prior to the expiration of the period of tender validity, the Procuring entitywill notify the successful tenderer in writing that its tender has beenaccepted.

    2.27.2 The notification of award will signify the formation of the contract subjectto the signing of the contract between the tenderer and the procuringentity pursuant to clause 2.9. Simultaneously the other tenderers shall be

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    notified that their tenders were not successful.2.27.3 Upon the successful Tenderers furnishing of the performance security

    pursuant to paragraph 2.29 the Procuring entity will promptly notifyeach unsuccessful Tenderer and will discharge its tender security,

    pursuant to paragraph 2.12

    2.28 Signing of Contract

    2.28.1 At the same time as the Procuring entity notifies the successful tendererthat its tender has been accepted, the Procuring entity willsimultaneously inform the other tenderers that their tenders have notbeen successful.

    2.28.2 Within fourteen (14) days of receipt of the Contract Form, the successfultenderer shall sign and date the contract and return it to the Procuring

    entity.

    2.28.3 The contract will be definitive upon its signature by the two parties.

    2.28.4 The parties to the contract shall have it signed within 30 days from thedate of notification of contract award unless there is an administrativereview request.

    2.29 Performance Security

    2.29.1 The successful tenderer shall furnish the performance security inaccordance with the Conditions of Contract, in a form acceptable to theProcuring entity.

    2.29.2 Failure by the successful tenderer to comply with the requirement ofParagraph 2.29 or paragraph 2.30.1 shall constitute sufficient grounds forthe annulment of the award and forfeiture of the tender security, in which

    event the Procuring entity may make the award to the next lowestevaluated tender or call for new tenders.

    2.30 Corrupt or Fraudulent Practices

    2.30.1 The Procuring entity requires that tenderers observe the highest standardof ethics during the procurement process and execution of contracts. Atenderer shall sign a declaration that he has not and will not be involved incorrupt or fraudulent practices.

    2.30.2 The Procuring entity will reject a proposal for award if it determines thatthe tenderer recommended for award has engaged in corrupt or fraudulentpractices in competing for the contract in question.

    2.30.3 Further a tenderer who is found to have indulged in corrupt orfraudulent practices risks being debarred from participating in publicProcurement in Kenya.

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    APPENDIX TO INSTRUCTIONS TO THE TENDERERS

    The following information for the procurement of insurance services

    shall complement, supplement, or amend, the provisions on theinstructions to tenderers. Wherever there is a conflict between theprovisions of the instructions to tenderers and the provisions of theappendix, the provisions of the appendix herein shall prevail overthose of the instructions to tenderers.

    structionsto tenderers

    Particulars of appendix to instructions to tenderers

    2.1 Particulars of eligible tenderers: Insurance Underwriting Companies

    Licensed2.2.2 Price to be charged for tender documents. Kshs. 1,000 for those who

    purchasea hard copy

    2.10 Particulars of other currencies allowed. None

    2.12.2 Particulars of tender security. Two Percent (2%) of Tender Sum for 120days after date of tender opening.

    2.12.4 Form of Tender Security: The Tender Security shall be in the form of aGuarantee from a reputable bank or an insurance company

    approved byPPOA. Self-guaranteed tender security not allowed.

    2.13 Validity of Tenders: Tenders Shall remain valid for 90 days after dateof tender opening

    2.16.3 Bulky tenders which do not fit in the tender box shall be delivered tothe Procurement Unit. At 2nd Floor, 14th Riverside Drive GrosvenorBuilding.

    2.20.1PRELIMINARY EVALUATION CRITERIA

    Tenderers are required to submit copies of the following MANDATORYDOCUMENTS which will be used during Preliminary Examination todetermine responsiveness

    1) Copy of certificate of Registration/Incorporation2) Copy of Valid Tax Compliance certificate3) Must Fill the Price Schedule in the format provided4) Must Fill the Form of Tender in the format provided5) Must Submit a Tender Security of Kshs. 100,000 valid for 120

    days after date of tender opening

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    Instructions

    Particulars of appendix to instructions t

    2.22 Evaluation and Comparison of Tenders

    TECHNICAL EVALUATION CRITERIA (Total Points 100)

    1 ) Provide evidence of Slip/Cover Notes for Medical Cover andGroup Life cover 2 points

    2) Provide letter from the Insurance Regulatory Authority (IRA) thatReinsurance arrangements are in place for the Medical and GroupLife Cover 3 Points

    3) The firm must have been providing Medical Coverbusiness forthe last fiveyears 3 Points

    4) Provide Audited Accounts for 2011 and 2012 with a net assetbase ofKshs. 500 Million 5 Points

    5) Provide Audited Accounts for 2011 and 2012 with GrossPremiums in the year 2011 of not less than Kshs. 700 Million 10 Points

    6) Provide Audited Accounts for 2011 and 2012 with PremiumforMedical cover of Ksh 300 Million per year 3 Points

    7) Provide a list of current largest clients whose Total Premium isnot less than Ksh 100 Million (PPOA reserves the right toconfirm directly with these firms) 2 Points

    8) Extensive and Comprehensive Network of Service Providers 10

    Points9) Facilitate Health Talks every quarter 2 points10) Medical check for Principal members 5 Points11) Demonstration of a satisfactory management and execution plan

    a. Service provision, handling of underwriting and claimsservices 15 Pointsb. Evidence of Value Addition Services 5 Pointsc. Other concessions/Wider Coverage, e.g. better Extensions 5Points

    12) Provide details on scope of cover as follows:

    (i) What is covered in In-patient (including Maternity, Dentaland Optical) to be on List A (i) and what is covered in Outpatient(including Maternity, Dental and Optical) to be on List A (ii). Thedetails should include the applicable sub limits if any 20 Points

    (ii) What is not covered (exclusions) on In-patient (includingMaternity, Dental and Optical) to be on list B (i) and what is notcovered in outpatient (including Maternity, Dental and Optical) tobe on List B (ii) -10 Points

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    Instructionsto tenderers

    Particulars of appendix to instructions to tenderers

    FINANCIAL EVALUATION

    1. The commercial evaluation and final ranking of the bids will take intoconsideration the scope of the cover in relation to the premium,Exclusion Clauses, and other pertinent terms and conditions of tender.

    2. The evaluation committee will determine whether the financialproposals are complete. The cost of items not priced shall beassumed to be included in other costs in the proposal. In all cases, thetotal price of the financial proposal as submitted shall prevail.

    2.24 (a) Particulars of post qualification if applicable. CRA may inspectthe premises

    Others asnecessary

    Complete as necessary. None

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    SECTION III GENERAL CONDITIONS OF CONTRACT

    Table of Clauses

    Page

    3.1 Definitions 23

    3.2 Application. 23

    3.3 Standards 23

    3.4 Use of Contract Documents and Information.. 24

    3.5 Patent Rights 24

    3.6 Performance Security. 24

    3.7 Delivery of Services and Documents. 25

    3.8 Payment 25

    3.9 Prices.. 25

    3.10 Assignment. 25

    3.11 Termination for Default.. 25

    3.12 Termination for Insolvency.. 26

    3.13 Termination for Convenience.. 26

    3.14 Resolution of Disputes. 26

    3.15 Governing Language.. 27

    3.16 Applicable law. 27

    3.17 Force Majeure. 27

    3.18 Notices. 27

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    SECTION III: GENERAL CONDITIONS OF CONTRACT

    3.1. Definitions

    3.1.1 In this Contract, the following terms shall be interpreted as indicated:

    (a) The Contract means the agreement entered intobetween the Procuring entity and the tenderer, asrecorded in the Contract Form signed by the parties,including all attachments and appendices thereto andall documents incorporated by reference therein.

    (b) The Contract Price means the price payable to thetenderer under the Contract for the full and proper

    performance of its contractual obligations

    (c) The Services means services to be provided by thetenderer including any documents, which the tenderer isrequired to provide to the Procuring entity under theContract.

    (d) The Procuring entity means the organization procuringthe services under this Contract

    (e) The Contractor means the organization or firm

    providing the services under this Contract.

    (f) GCC means the General Conditions of Contractcontained in this section.

    (g) SCC means the Special Conditions of Contract

    (h) Day means calendar day

    3.2. Application

    3.2.1 These General Conditions shall apply to the extent that they are notsuperceded by provisions of other part of the contract

    3.3. Standards

    3.3.1 The services provided under this Contract shall conform to thestandards mentioned in the schedule of requirements.

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    3.4. Use of Contract Documents and Information

    3.4.1 The Contractor shall not, without the Procuring entitys prior written

    consent, disclose the Contract, or any provision thereof, or anyspecification, plan, drawing, pattern, sample, or information furnishedby or on behalf of the Procuring entity in connection therewith, toany person other than a person employed by the contractor in theperformance of the Contract.

    3.4.2 The Contractor shall not, without the Procuring entitys prior writtenconsent, make use of any document or information enumerated inparagraph 2.4.1 above.

    3.4.3 Any document, other than the Contract itself, enumerated in paragraph

    2.4.1 shall remain the property of the Procuring entity and shall bereturned (all copies) to the Procuring entity on completion of thecontracts or performance under the Contract if so required by theProcuring entity.

    3.5. Patent Rights

    3.5.1 The Contractor shall indemnify the Procuring entity against all third-partyclaims of infringement of patent, trademark, or industrial design rightsarising from use of the services under the contract or any part thereof.

    3.6 Performance Security3.6.1 Within twenty eight (28) days of receipt of the notification of Contract

    award, the successful tenderer shall furnish to the Procuring entity theperformance security where applicable in the amount specified in SCC

    3.6.2 The proceeds of the performance security shall be payable to theProcuring entity as compensation for any loss resulting from theTenderers failure to complete its obligations under the Contract.

    3.6.3 The performance security shall be denominated in the currency of theContract, or in a freely convertible currency acceptable to the Procuring

    entity and shall be in the form of:a) Cash.b) A bank guarantee.c) Such insurance guarantee approved by the Authority.d) Letter of credit.

    3.6.4 The performance security will be discharged by the Procuring entityand returned to the Candidate not later than thirty (30) days followingthe date of completion of the Contractors performance of obligationsunder the Contract, including any warranty obligations, under theContract.

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    3.7. Delivery of services and Documents

    3.7.1 Delivery of the services shall be made by the Contractor in accordancewith the terms specified by the procuring entity in the schedule ofrequirements and the special conditions of contract

    3.8. Payment

    3.81. The method and conditions of payment to be made to the contractorunder this Contract shall be specified in special conditions of contract (SCC)

    3.82. Payment shall be made promptly by the Procuring entity, but in no caselater than sixty (60) days after submission of an invoice or claim by the

    contractor

    3.9. Prices

    3.9.1 Prices charges by the contractor for Services performed under theContract shall not, with the exception of any price adjustmentsauthorized in SCC vary from the prices quoted by the tenderer in itstender or in the procuring entitys request for tender validity extensionthe case may be. No variation in or modification to the terms of thecontract shall be made except by written amendments signed by theparties.

    3.9.2 Contract price variations shall not be allowed for contracts not exceedingone year (12 months)

    3.9.3 Where contract price variation is allowed, the variation shall not exceed10% of the original contract price

    3.9.4 Price variation requests shall be processed by the procuring entity within30 days of receiving the request.

    3.10. Assignment

    3.10.1 The Contractor shall not assign, in whole or in part, its obligations toperform under this Contract, except with the Procuring entitys priorwritten consent.

    3.11. Termination for Default

    3.11.1The Procuring entity may, without prejudice to any other remedy for breachof Contract, by written notice of default sent to the Contractorterminate this Contract in whole or in part:

    (a) if the Contractor fails to provide any or all of the services within the

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    negotiations both parties have been unable to resolve amicably acontract dispute either party may require that the dispute be referredfor resolution to the formal mechanisms specified in the SCC.

    3.15. Governing Language

    3.15.1 The contract shall be written in the English language. All correspondence

    and other documents pertaining to the contract, which are exchanged by the

    parties, shall be written in the same language.

    3.16. Applicable Law

    3.16.1 The contract shall be interpreted in accordance with the laws of Kenyaunless otherwise expressly specified in the SCC.

    3.17 Force Majeure

    3.17.1 The Contractor shall not be liable for forfeiture of its performance security,or termination for default if and to the extent that its delay inperformance or other failure to perform its obligations under theContract is the result of an event of Force Majeure.

    3.18 Notices

    3.18.1 Any notices given by one party to the other pursuant to this contract shall

    be sent to the other party by post or by Fax or Email and confirmed inwriting to the other partys address specified in the SCC.

    3.18.2 A notice shall be effective when delivered or on the notices effectivedate, whichever is later.

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    Notes on Special Conditions of Contract

    1. The clauses in this section are intended to assist the procuring entity in

    providing contract-specific information in relation to correspondingclauses in the General Conditions of Contract

    2. The Provisions of Section IV complement the General Conditions ofContract included in Section III, specifying contractual requirements linked tothe special circumstances of the procuring entity and the insurance coverrequired. In preparing Section IV, the following aspects should be taken intoconsideration.

    1)Information that complements provisions of Section III must beincorporated;

    and

    (b) Amendments and/or supplements to provisions of Section III, asnecessitated by the circumstances of the specific insurance coverrequired must also be incorporated.

    3. Where there is a conflict between the provisions of the special conditions ofcontract and the provisions of the general conditions of contract, theprovisions of the special conditions of contract shall prevail over theprovisions of the general conditions of contract.

    4. Any clause to be included in this section must be consistent with theapplicable public procurement law and regulations.

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    SECTION IV SPECIAL CONDITIONS OF CONTRACT

    Reference oGeneralConditions

    Special Condition of Contract

    3.6Performance security

    Specify performance security if applicable: Thesuccessful bidder will furnish the procuringentity with a performance security equivalent to5% of the bid price within 15 days from the dateof notification of award.

    3.8 Payment Specify as necessary: One installment upon signingof the contract and delivery of policy documents.

    3.9 Price adjustment Specify price adjustments:None

    3.16 Applicable law Specify resolution of disputes allowed: Disputes to besettled as per the Arbitration Laws of Kenya

    3.18 Notices Indicate full address of the procuring entity.Client: Commission on Revenue Allocation,

    P.O. Box 1310 00100

    NAIROBI,

    KENYA.

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    SECTION V - SCHEDULE OF REQUIREMENTS

    Notes on Schedule of Requirements.

    1. The Commission on Revenue Allocation intends to procure medical andGroup Life covers for its members of staff and their dependants.

    2. For purposes of the tender, the scheme population is 60 families with anannual basic salary of Kshs. 117,916,854.00

    3. Tenderers intentions to bid for both or either tender shall be indicated byCompletion of the price schedule.

    4. The Commission on Revenue Allocation (CRA) seeks to engage anInsurance Underwriting Company to provide Medical cover and GroupLife Cover for Management and Staff as per the details provided below:

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    5.0 MEDICAL COVER DETAILS

    S/No POLIC Medical Scheme/insurance

    1. PERIOD 1 year renewable annually subject to

    satisfactorily performance.

    2. SCOPE OF COVER Indemnity against CRAs expenses incurred by

    management, members, employees and their

    dependants during the period of the policy.

    Benefits:

    Inpatient, Out-patient, Drugs and

    administration, Optical, Dental. Maternity

    Other benefits: clearly specify

    3. MAXIMUM

    ANNUAL COVER

    PER FAMILY

    Inpatient- Category A-Kshs. 2,500,00.00

    Category B-Kshs. 1,500,000.00

    Outpatient-Category A-Kshs.150,000.00

    -Category B-Kshs. 150,000.00

    4. ELIGIBILITY AGE Children- From birth to 25 Years old

    -No grand children

    Employee & spouse-No age ceiling

    5. WAITING PERIOD Existing members None

    New employees & dependants (spouse and own

    children) - None

    6. COVER OUTSIDE

    KENYA

    On annual leave holiday Six weeks

    On official work - six weeks

    7. RESIDENT

    INSURANCE

    MEDICAL

    PRACTITIONER

    To advise on professional matters, moderate bills

    & provide regular talks on topical health issues

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    5.1 INPATIENT BENEFITS

    5.1.1 In addition to the salient features listed in 5.1 above, the following specific

    inpatient benefits are to be covered by the successful tenderer:

    a) Admission in a credited hospital;b)Accommodation for parent/guardian accompanying a child below 7 yearsc) Doctors, surgeons and specialist fees for accidents, illnesses and non-elective

    procedures;

    d) Laboratory investigations, X-rays, ultrasounds, ECG, MRI scans,computerized tomography, pathology;

    e) Psychiatric cases upto Kshs.150,000.00 per family per annum;f) Funeral Expenses of Kshs. 50,00.00;g) Emergency road and air evacuation both local and international;h) Prescribed medicines, dressings, surgical appliances and nursing proceduresi) Theatre charges including surgeons ad anesthetics fees;j) Intensive care unit (ICU)/High Dependency unit (HDU);k) Radiotherapy, chemotherapy, physiotherapy;l) Day care surgery;m)Post hospitalization visits/follow ups within 3 weeks after discharge or upto

    Kshs.20,000.00, whichever comes first;

    n) Maternity cover of upto Kshs. 120,000.00 per family per annum;o) Dental and Optical hospitalization resulting from illness or accidents;p) Chronic, pre-existing, HIV and AIDS related conditions;q) First emergency operation for cesarean up to Kshs. 150,000.00r) Inpatient dental surgery of up to Kshs. 100,000.00 per family per annum;s) Private room admission for senior officers and their dependants;

    5.2 INPATIENT MANAGEMENT

    5.2.1 The successful tenderer will offer the following inpatient management

    services:

    a) Each employee and their dependants will be issued with a membership cardfor identification by the insurance company;

    b) Services will be offered on presentation of the employees membership card;c) Inpatient contributors to NHIF will be required to produce their NHIF cards

    prior to discharge for purposes of NHIF rebate;

    d)All patient bills will be sent directly to the successful tenderer for payment;

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    service provider for settlement;

    f) Patients will not be required to pay cash for treatment. Incase of cashpayments, patients will be reimbursed by the successful tenderer;

    5.5 GROUP LIFE INSURANCE COVER F E ATU RES

    5.5.1 The Commission on Revenue Allocation intends to procure Group

    Life Insurance Cover for its employees. The policy will indemnify

    demise of an employee as a result of any cause of death.

    5.5.2 The Commission on Revenue Allocation will avail all the necessary

    details to the successful tenderer including:

    a)

    A list of all its employees;b) Current basic salaries- monthly/annual;c) Age;d) Details of beneficiaries;e) Any other information.

    5.5.3 During the period of cover, existing employees of the Commission on

    Revenue Allocation and also for any new employees will be

    registered.

    5.5.4 The cover will run for a period of one year effective from the date ofcontract agreement. A members cover will cease immediately she/he

    leaves the service of the Commission.

    5.5.5 For Purposes of the tender, the parameters to be used are as specified

    in clause 2 above on the notes on schedule of requirements and as

    per the schedule below.

    5.5.6 The successful tenderer will offer the following benefits under

    the group life insurance:

    a) The level of benefit payable to registered members will be based on 3years the annual basic salary. The benefits must be payable through

    CRA within two weeks on submission of the original death certificate.

    b)An inbuilt last expense rider of Kshs. 100,000.00 shall be includedalongside Group Life Cover and shall be paid within 48 hours of

    notification of demise of an eligible member.

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    c) Free cover limit of atleast Kshs. 6,000,000.00d) No cover exclusions or restrictions to HIV/AIDS deaths or patients;e) Payment of accelerated benefit of atleast 50% of sum assured for

    terminal illness cases;

    f) Commissioners herein referred (Senior Level) below,indemnity/liability of Kshs. 500,000.00

    Commission onRevenue AllocationStaff Details Date of

    BirthMonthly basicsalary

    Annual BasicSalary

    PF No.

    1 Senior level 05.12.1948 436,120.00 5,233,440.002 Senior level 16.03.1957 404,006.00 4,848,072.00

    3 Senior level 16.12.1960 366,698.00 4,400,376.00

    4 Senior level 22.10.1950 366,698.00 4,400,376.00

    5 Senior level 01.01.1948 366,698.00 4,400,376.00

    6 Senior level 23.03.1945 366,698.00 4,400,376.00

    7 Senior level 01.01.1954 366,698.00 4,400,376.00

    8 Senior level 20.07.1971 366,698.00 4,400,376.00

    9 Senior level 07.01.1963 445,555.55 5,346,666.60Total 1 3,485,869.55 41,830,434.60

    1 CRA-022 05.12.1972 367,263.80 4,407,165.60

    2 CRA-026 02.05.1960 367,263.80 4,407,165.60

    3 CRA-031 29.05.1967 467,491.40 5,609,896.80

    4 CRA-030 25.04.1971 467,491.40 5,609,896.80

    5 CRA-036 02.02.1975 367,263.80 4,407,165.60

    6 CRA-023 13.06.1983 149,463.00 1,793,556.00

    7 CRA-034 28.11.1976 62,692.00 752,304.00

    8 CRA-035 04.05.1977 62,692.00 752,304.00

    9 CRA-037 04.10.1984 62,692.00 752,304.00

    10 CRA-039 15.08.1983 62,692.00 752,304.00

    11 CRA-021 07.11.1985 34,539.00 414,468.00

    12 CRA-027 03.02.1979 34,539.00 414,468.00

    13 CRA-028 06.06.1986 34,539.00 414,468.00

    14 CRA-040 28.08.1985 34,539.00 414,468.00

    15 CRA-045 03.04.1976 34,539.00 414,468.00

    16 CRA-041 12.11.1983 34,539.00 414,468.00

    17 CRA-018 01.01.1976 34,539.00 414,468.00

    18 CRA-042 22.12.1971 34,539.00 414,468.00

    19 CRA-044 05.04.1961 34,539.00 414,468.00

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    Form of Tender

    Date:

    Tender No. CRA/002/2013-2014

    To: COMMISSION SECRETARY/CEOCommission on Revenue AllocationP. O. Box 1310-00200NAIROBI

    Gentlemen and/or Ladies:-

    1. Having examined the Tender documents the receipt of which is hereby duly

    acknowledged, we the undersigned, offer to provide Medical Cover and GroupLife Cover under this tender in conformity with the said Tender document for thesum of Kshs...[Total Tender amount in words andfigures] or such other sums as may be ascertained in accordance with the Scheduleof Prices attached herewith and made part of this Tender.

    2. We undertake, if our Tender is accepted, to provide the Insurance CoverServices in accordance with the conditions of the tender.

    3. We agree to abide by this Tender for a period of .[number]days from the date fixed for Tender opening of the Instructions to Tenderers, and itshall remain binding upon us and may be accepted at any time before the expirationof that period.

    4. This Tender, together with your written acceptance thereof and yournotification of award, shall constitute a Contract between us subject to the signingof the contract by both parties.

    5. We understand that you are not bound to accept the lowest or any tenderyou may receive.

    Dated this day of 2013

    [Signature] [In the capacity of]

    Dulyauthorizedtosigntenderforandonbehalfof

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    Price Schedule Form

    ITEMNO.

    DESCRIPTIONOFINSURANCE

    INDIVIDUAL RATES COVER TYPES TOTAL PREMIUM(KSHS.)

    MEMBER(Kshs.)

    SPOUSE

    (Kshs.)CHILD

    (Kshs.)CATEGORY

    1CATEGORY

    2

    1.In-patient

    Medical Cover

    2. Out-patientmedical cover

    3. Group LifeInsurance cover N/A N/A

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    CONFIDENTIAL BUSINESSQUESTIONNAIRE

    You are requested to give the particular indicated in Part 1 and either Part 2(a),2(b), or 2( c) which ever applies to your type of business

    You are advised that it is a serious offence to give false information on this Form.Part 1 General:

    Business Name

    Location of business premises .

    Plot No.

    Street/Road .....................................................

    Postal Address

    Tel. No.

    Fax ..

    Email ....................................................................................................................

    Nature of business..

    Registration Certificate No. .

    Maximum value of business which you can handle at any one time

    Kshs...

    Name of your bankers ..

    Branch..

    Have you ever(Y/N): Forfeited any payment on a contract?Been declared in de default of a contract?Negotiated the premature termination of a contract?Had an uncompleted contract assigned to anothersolution provider?

    Part 2(a) Sole Proprietor:

    Your name in full Age... Nationality ..

    Country of origin.

    Citizenship details

    Party 2(b) Partnership

    Give details of partners as follows:

    Name Nationality Citizenship Details Shares

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    TENDER SECURITY FORM

    Whereas [name of Bidder] (hereinafter called has submitted itsbid dated [date of submission of bid] for the provision of insurance services

    (hereinafter called

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